SACHIN CHANDRAN E. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 FIR and charge in S.C.No.499/2022 on the files of the Fast Track Special Court, Taliparamba, arose out of Crime No.156/2022 of Pariyaram Medical College Police Station, Kannur. The petitioner herein is the 1st accused in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor, on admission.

(3.) In the instant case, the prosecution alleges commission of offences punishable under Sec. 354D of the Indian Penal Code and Sec. 11(v) r/w Sec. 12 and Sec. 13(c) r/w Sec. 14 of the Protection of Children from Sexual Offences Act, 2012. The precise allegation is that, the accused used to send WhatsApp messages containing defamatory allegations against the de facto complainant and nude photograph of her daughter. The further allegations is that, from 2019 onwards, the son of the de facto complainant also had been getting threatening messages on his WhatsApp number and Instagram account and accordingly, this was complained to the police and crime was registered and investigated. Eventually, final report also filed.